Florida Statute 166.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.021

166.021 Powers.—

(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law.

(2) “Municipal purpose” means any activity or power which may be exercised by the state or its political subdivisions.

(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except:

(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;

(b) Any subject expressly prohibited by the constitution;

(d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.

(4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a special law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed.

(5) All existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances.

(6) The governing body of a municipality may require that any person within the municipality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government.

(7) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be required by the municipality to conduct a performance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the municipality to undergo a performance audit.

(8)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state.

(b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection.

(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community.

(d) A contract between the governing body of a municipality or other entity engaged in economic development activities on behalf of the municipality and an economic development agency must require the agency or entity receiving municipal funds to submit a report to the governing body of the municipality detailing how the municipal funds are spent and detailing the results of the economic development agency’s or entity’s efforts on behalf of the municipality. By January 15, 2011, and annually thereafter, the municipality shall file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the municipality’s website.

(e)1. By January 15, 2011, and annually thereafter, each municipality having annual revenues or expenditures greater than $250,000 shall report to the Office of Economic and Demographic Research the economic development incentives in excess of $25,000 given to any business during the municipality’s previous fiscal year. The Office of Economic and Demographic Research shall compile the information from the municipalities into a report and provide the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Commerce. Economic development incentives include:

a. Direct financial incentives of monetary assistance provided to a business from the municipality or through an organization authorized by the municipality. Such incentives include, but are not limited to, grants, loans, equity investments, loan insurance and guarantees, and training subsidies.

b. Indirect incentives in the form of grants and loans provided to businesses and community organizations that provide support to businesses or promote business investment or development.

c. Fee-based or tax-based incentives, including, but not limited to, credits, refunds, exemptions, and property tax abatement or assessment reductions.

d. Below-market rate leases or deeds for real property.

2. A municipality shall report its economic development incentives in the format specified by the Office of Economic and Demographic Research.

3. The Office of Economic and Demographic Research shall compile the economic development incentives provided by each municipality in a manner that shows the total of each class of economic development incentives provided by each municipality and all municipalities.

(f) This subsection does not limit the home rule powers granted by the State Constitution to municipalities.

(9)(a) As used in this subsection, the term:

1. “Authorized person” means a person:

a. Other than an officer or employee, as defined in this paragraph, whether elected or commissioned or not, who is authorized by a municipality or agency thereof to incur travel expenses in the performance of official duties;

b. Who is called upon by a municipality or agency thereof to contribute time and services as consultant or advisor; or

c. Who is a candidate for an executive or professional position with a municipality or agency thereof.

2. “Employee” means an individual, whether commissioned or not, other than an officer or authorized person as defined in this paragraph, who is filling a regular or full-time authorized position and is responsible to a municipality or agency thereof.

3. “Officer” means an individual who, in the performance of his or her official duties, is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and who has jurisdiction extending throughout the municipality, or any person lawfully serving instead of either of the foregoing two classes of individuals as initial designee or successor.

4. “Traveler” means an officer, employee, or authorized person, when performing travel authorized by a municipality or agency thereof.

(b) Notwithstanding s. 112.061, the governing body of a municipality or an agency thereof may provide for a per diem and travel expense policy for its travelers which varies from the provisions of s. 112.061. Any such policy provided by a municipality or an agency thereof on January 1, 2003, shall be valid and in effect for that municipality or agency thereof until otherwise amended. A municipality or agency thereof that provides any per diem and travel expense policy pursuant to this subsection shall be deemed to be exempt from all provisions of s. 112.061. A municipality or agency thereof that does not provide a per diem and travel expense policy pursuant to this subsection remains subject to all provisions of s. 112.061.

(c) Travel claims submitted by a traveler in a municipality or agency thereof which is exempted from the provisions of s. 112.061, pursuant to paragraph (b), shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any per diem and travel expense policy of a municipality or agency thereof must contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and correct as to every material matter; and any person who willfully makes and subscribes any such claim that he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation of such a claim that is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever receives an allowance or reimbursement by means of a false claim is civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid.

History.—s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37; s. 1, ch. 2003-125; s. 2, ch. 2010-147; s. 22, ch. 2011-34; s. 60, ch. 2011-142; s. 3, ch. 2011-143; s. 36, ch. 2024-6.

F.S. 166.021 on Google Scholar

F.S. 166.021 on Casetext

Amendments to 166.021

Arrestable Offenses / Crimes under Fla. Stat. 166.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

S166.021 9c - FRAUD-FALSE STATEMENT - MAKE AID FALSE MUNICIPAL TRAVEL CLAIM - M: S

S166.021 10c - FRAUD-FALSE STATEMENT - RENUMBERED. SEE RECORD # 7259 - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 166.021

Total Results: 20

STATE OF FLORIDA v. BRYAN ALLEN REPPLE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-14T00:00:00-07:00

Snippet: provided for by general or special law. See § 166.021(3)(a), (4), Fla. Stat. (2021) (reiterating that

Martinez v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-27T00:00:00-07:00

Citation: 227 So. 3d 1257

Snippet: Martinez’s final argument is that section 166.021(4), Florida Statutes (2017), precludes the City

Stasinos v. State, Department of Business & Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-13T00:00:00-07:00

Citation: 209 So. 3d 18

Snippet: by the State Legislature in 1993, see Ch. 93-166, § 21, Laws of Fla. (codified as §§ 489.140-.142, Fla

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779

Snippet: law. Art. VIII, § 2(b), Fla. Const.; see also § 166.021(1), Fla. Stat. (2014). The powers granted to non-charter

ADVISORY OPINION TO the ATTORNEY GENERAL Re RIGHTS OF ELECTRICITY CONSUMERS REGARDING SOLAR ENERGY CHOICE. Advisory Opinion to the Attorney General Re Rights of Electricity Consumers Regarding Solar Energy Choice (FIS)

Court: Fla. | Date Filed: 2016-03-31T00:00:00-07:00

Citation: 188 So. 3d 822

Snippet: VIII, § 1(f), 1(g), 2(b), Fla. Const.; §§ 125.01, 166.021, Fla. Stat. (2015); City of Cape Coral v. GAC Utilities

D'agastino v. the City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-16T00:00:00-07:00

Citation: 189 So. 3d 236, 2016 Fla. App. LEXIS 4024, 2016 WL 1051850

Snippet: Florida Municipal Home. Rule Act in 1973. Sections 166.021(1), (3), and (4), Florida Statutes (1973), prohibit…other than those so expressly prohibited.... § 166.021, Fla. Stat. (1973) (emphasis added). The language…1243 (Fla.2006)), and that pursuant to section 166.021 “a municipality may legislate concurrently with…matter upon which the state legislature may act,” § 166.021(3), Fla. Stat. (2004), in exercising their power

Doe v. City of Palm Bay

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-17T00:00:00-07:00

Citation: 169 So. 3d 1211

Snippet: Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes, provide the City authority to

General Employees Retirement Committee v. City of North Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-03T00:00:00-08:00

Citation: 151 So. 3d 1271

Snippet: to legislate. Art. VIII, § 2(b), Fla. Const.; § 166.021, Fla. Stat. (2013). As the City had the authority

Richard Masone v. City of Aventura

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 147 So. 3d 492, 2014 WL 2609201

Snippet: provided by law.” (Emphasis added.) See also § 166.021, Fla. Stat. (2008) (relating to the exercise of

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes…otherwise provided by law.” (Emphasis added). Section 166.021, Florida Statutes (2004), contains general provisions…established in article VIII, section 2(b). Section 166.021(1) states: “As provided in s. 2(b), Art. VIII of…except when expressly prohibited by law.” Section 166.021(3) provides in pertinent part as follows: The Legislature…Constitution, and the related provisions in section 166.021, we have acknowledged that “[i]n Florida, a municipality

City of Boca Raton v. Siml

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-12T00:00:00-07:00

Citation: 96 So. 3d 1140

Snippet: purposes, except when expressly prohibited by law.” § 166.021(1), Fla. Stat. With respect to special laws, “[…general or special law, or county charter....” See § 166.021(4), Fla. Stat. (emphasis added). The special law

City of Orlando v. Udowychenko

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-06T00:00:00-07:00

Citation: 98 So. 3d 589

Snippet: as otherwise provided by law.” However, section 166.021, Florida Statutes (2011), which codified Article…Accordingly, the City’s ordinance is contrary to section 166.021(3)(c) as it is expressly preempted by law. Even

City of Miami Beach v. Board of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

Citation: 91 So. 3d 237

Snippet: Statutes), preempts any requirement of Section 166.021(4), Florida Statutes, that the city submit the …court that the referendum requirement of Section 166.021(4), Florida Statutes, as the City seeks to apply… a collective bargaining agreement and Section 166.021(4), requiring a referendum to make charter changes… unintentionally conflicting statutes: Section 166.021(4) and Section 447.309(3). Thus, the specific questioned…ADJUDGED that the referendum requirement of Section 166.021(4), Florida Statutes, with respect to the collective

North Port Road & Drainage District v. West Villages Improvement District

Court: Fla. | Date Filed: 2012-02-02T00:00:00-08:00

Citation: 82 So. 3d 69

Snippet: City of Boca Raton, 595 So.2d at 27-28. Section 166.021, Florida Statutes (2008), grants municipalities…municipal purpose, which is defined in section 166.021(2), Florida Statutes (2008), as “any activity or… its political subdivisions.” However, section 166.021(3), Florida Statutes (2008), explains that, despite…limitations on home rule powers delineated in section 166.021(3) because (i) West Villages is not authorized …limitations on home rule powers set forth in section 166.021(3). III. CONCLUSION We rephrase the Second District

City of Aventura v. Masone

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-30T00:00:00-08:00

Citation: 89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

Snippet: inconsistent with general law. For example, section 166.021(3)(c), Florida Statutes (2008), states: The Legislature…ordinance, section 48-26, is in violation of section 166.021(3)(c) which provides that municipalities may not

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-25T00:00:00-07:00

Citation: 67 So. 3d 271

Snippet: VIII, section 2(b), Florida Constitution, section 166.021, Florida Statutes and Chapter 162, Florida Statutes

MGM Construction Services Corp. v. Travelers Casualty & Surety Co. of America

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-02T00:00:00-08:00

Citation: 57 So. 3d 884

Snippet: any other municipality, and that under section 166.021(3), municipalities may “enact legislation concerning

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-21T00:00:00-08:00

Citation: 57 So. 3d 226

Snippet: Florida Constitution, and codified in section 166.021, Florida Statutes. Asserting that ordinance 97-…encroach into any of the areas prohibited by section 166.021, Palm Bay concludes that it had the right to grant

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-12-28T23:53:00-08:00

Snippet: required. I concur in such a conclusion. Section 166.021(1), Florida Statutes, of the Municipal Home Rule… of home rule power to municipalities, section 166.021(4) and (5), Florida Statutes, modified, repealed…at the time of the adoption of the act. Section 166.021(4), Florida Statutes, however, provides that nothing…, not affecting the areas specified in section 166.021(4), Florida Statutes, were either repealed or were…quot;manner of their election" in section 166.021(4), Florida Statutes, includes all aspects of the

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-10-13T00:53:00-07:00

Snippet: Stat. 3 Section 205.022(7), Fla. Stat. 4 See s. 166.021, Fla. Stat., and Art. VIII, s. 2(b), Fla. Const